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Main Issues
Whether an act of removing a photograph attached to another person's resident registration certificate and attaching a photograph of the defendant constitutes a crime of forging a public document (affirmative)
Summary of Judgment
If a photograph attached to another person's resident registration certificate is removed for the purpose of uttering by the defendant and a photograph of the defendant is attached to that place, this constitutes a case where a separate official document with new probative value is prepared by changing the essential or important part of the existing official document.
[Reference Provisions]
Article 225 of the Criminal Act
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Lee Jae-soo
Judgment of the lower court
Seoul High Court Decision 91No259 delivered on May 24, 1991
Text
The appeal is dismissed.
The number of days under detention after an appeal shall be included in the calculation of the original sentence.
Reasons
The defendant and defense counsel's grounds of appeal are examined.
According to the evidence in the judgment of the court of first instance, all of the facts constituting the crime of this case against the defendant can be recognized. Thus, there is no error of law by misunderstanding the legal principles as pointed out in the judgment of the court below.
As determined by the court below, if the defendant removed the photograph attached to his resident registration certificate of Lee Young-deok for the purpose of exercising his/her right and attached his/her photograph on that job, this constitutes a case where a separate official document with new probative value is prepared by changing the essential or important part of the existing official document. Therefore, the court below's dismissal of this as a crime of forging official document is just and there is no error in the misapprehension of legal principles.
Therefore, the appeal shall be dismissed and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.
Justices Kim Yong-sung (Presiding Justice)